Title 10, Armed ForcesRelease 119-102
§8862 Duties of Marshal
Title 10 › Subtitle C — Navy and Marine Corps › PART IV — GENERAL ADMINISTRATION › CHAPTER 883 — PRIZE › § 8862
Summary
Marshal must hold persons found on a prize who are sent in as witnesses until prize commissioners or the court release them and must keep prize property safe under a court warrant. He must tell the court about unloading, storage, or sale; may insure the property if he thinks it proper; run court-ordered sales and immediately deposit proceeds with Treasurer or nearest depository under court order; and report to the Secretary of the Navy as requested.
Full Legal Text
Title 10, §8862
Armed Forces, Source: USLM XML via OLRC
The marshal shall—
(1)keep in his custody all persons found on board a prize and sent in as witnesses, until they are released by the prize commissioners or the court;
(2)keep safely in his custody all prize property under warrant from the court;
(3)report to the court any cargo or other property that he thinks should be unloaded and stored or sold;
(4)insure the prize property, if in his judgment it is in the interest of all concerned;
(5)have charge of the sale of the property, if a sale is ordered, and be responsible for the conduct of the sale in the manner required by the court, for the collection of the gross proceeds, and for their immediate deposit with the Treasurer of the United States or public depositary nearest the place of sale, subject to the order of the court in the cause; and
(6)submit to the Secretary of the Navy, at such times as the Secretary designates, a full statement of the condition of the prize and of the disposal made thereof.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 766234 U.S.C. 1139.R.S. 4623. In clause (2) the words “in his custody” are inserted to make clear the fact that the marshal has custody of the prize property. In clause (5) the words “and be responsible for” are inserted for clarity, since 34 U.S.C. 1144 provides that the sale and deposit of the proceeds shall be made by the auctioneer and his agent rather than by the marshal, although the marshal supervises them. The words “Treasurer of the United States or public depositary” are substituted for “assistant treasurer” to reflect the Act of May 29, 1920, ch. 214, 41 Stat. 654.
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 7662 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date
of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of
Amendments
and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 8862
Title 10, Armed Forces
Last Updated
Aug 21, 2026
Release point: 119-102